6pts 2years mitigating circumstances

6pts 2years mitigating circumstances

Author
Discussion

Vaud

50,418 posts

155 months

Friday 16th August 2019
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Look up agtlaw on this site (http://www.counsel.direct/)

Barrister specialising in motoring offences and very, very knowledgable.

anonymous-user

54 months

Friday 16th August 2019
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I doubt it, and neither should there be.

Vaud

50,418 posts

155 months

Friday 16th August 2019
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Once revoked she can apply and do her theory and practical tests again - need not take too long.

Megaflow

9,383 posts

225 months

Friday 16th August 2019
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I bloody well hope there isn’t. I’ve only had 6 points, 2 x 3, in 25 years of driving, and on both of those occasions were banged to rights I was doing 40 in what I thought was a 40, both turned out to be 30’s.

If she is paying such little attention to her speed, what else is she paying lattice attention to?


blue_haddock

3,181 posts

67 months

Friday 16th August 2019
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Integroo said:
The main complaint is she needs the car to take the kids to school and to get to work.
presumably as she has only recently passed she managed to get them to school before being able to drive so go back to how she used to do it!

Surely when she got the first three she should have taken that as a warning and slowed down?


TwigtheWonderkid

43,327 posts

150 months

Friday 16th August 2019
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Megaflow said:
I bloody well hope there isn’t. I’ve only had 6 points, 2 x 3, in 25 years of driving, and on both of those occasions were banged to rights I was doing 40 in what I thought was a 40, both turned out to be 30’s.

If she is paying such little attention to her speed, what else is she paying lattice attention to?
Checking her auto correct and not putting apostrophes in plurals.

snake_oil

2,039 posts

75 months

Friday 16th August 2019
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TwigtheWonderkid said:
Megaflow said:
I bloody well hope there isn’t. I’ve only had 6 points, 2 x 3, in 25 years of driving, and on both of those occasions were banged to rights I was doing 40 in what I thought was a 40, both turned out to be 30’s.

If she is paying such little attention to her speed, what else is she paying lattice attention to?
Checking her auto correct and not putting apostrophes in plurals.
Were banged to rights? Really?

RazerSauber

2,272 posts

60 months

Friday 16th August 2019
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I think any punishment reduction would only be allowed if it incurs significant losses to herself and others. I'm sure there's a local or school bus route that can help the children get to school and public transport for herself. 63 in a 50 obviously isn't a slight oversight. I wouldn't expect anything but revocation in this instance I'm afraid.

Starfighter

4,925 posts

178 months

Friday 16th August 2019
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Could be interesting. The 6 points in 2 years is a DVLA thing. The points trigger an automatic revocation whether the points come from a court or via a fixed penalty bypassing the court.

Could she go to court and plead Guilty with a request not to endorse? The fine and legal fees may well be eye-watering.

TwigtheWonderkid

43,327 posts

150 months

Friday 16th August 2019
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RazerSauber said:
I think any punishment reduction would only be allowed if it incurs significant losses to herself and others.
I didn't even know it was an option to have the revocation waved due to "hardship". I thought it was automatic for 6 points in the first 2 years, no exceptions.

Pica-Pica

13,751 posts

84 months

Friday 16th August 2019
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TwigtheWonderkid said:
Megaflow said:
I bloody well hope there isn’t. I’ve only had 6 points, 2 x 3, in 25 years of driving, and on both of those occasions were banged to rights I was doing 40 in what I thought was a 40, both turned out to be 30’s.

If she is paying such little attention to her speed, what else is she paying lattice attention to?
Checking her auto correct and not putting apostrophes in plurals.
It is not always incorrect to put an apostrophe to indicate a plural, there are exceptions where clarity is important.
https://www.thepunctuationguide.com/apostrophe.htm...
https://www.grammarbook.com/punctuation/apostro.as...

Megaflow

9,383 posts

225 months

Friday 16th August 2019
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snake_oil said:
TwigtheWonderkid said:
Megaflow said:
I bloody well hope there isn’t. I’ve only had 6 points, 2 x 3, in 25 years of driving, and on both of those occasions were banged to rights I was doing 40 in what I thought was a 40, both turned out to be 30’s.

If she is paying such little attention to her speed, what else is she paying lattice attention to?
Checking her auto correct and not putting apostrophes in plurals.
Were banged to rights? Really?
It was typed quickly, on a phone, by an engineer who’s English is shocking.

Shoot me.

untakenname

4,965 posts

192 months

Friday 16th August 2019
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TwigtheWonderkid said:
I didn't even know it was an option to have the revocation waved due to "hardship". I thought it was automatic for 6 points in the first 2 years, no exceptions.
Pretty sure it is automatic with no leeway, know of someone who was on motability who lost their license 18 months into driving and being disabled still didn't prevent them losing it.

Vaud

50,418 posts

155 months

Friday 16th August 2019
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Integroo said:
I agree. She thinks the 63 in a 50 was in a motorway speed reduction zone (not an excuse!). In terms of herself to work, she used to drive in on a moped, she is a nurse that works shifts so public transport can be difficult for nights (should have thought about this before getting 6 pts in 8 months!). Part of the problem with the (step) kids is shared custody - I think the mother would use it as an excuse to let them see them a lot less (again, should have thought about this before!).
But the delay should not be long.
As soon as she gets the revocation she can book the new tests. Should only be weeks...? (assuming she passes)

Starfighter

4,925 posts

178 months

Friday 16th August 2019
quotequote all
Remind her not to get back on the moped. She looses all her entitlements not just the car.

ETA - Did she have a full bike licence for the moped or just a provisional? The revocation only applies to 6 points in 2 years on her FIRST licence. After that passing a test just adds class entitlements.

Vaud

50,418 posts

155 months

Friday 16th August 2019
quotequote all
Starfighter said:
Remind her not to get back on the moped. She looses all her entitlements not just the car.
True, but she can get her provisional and do a CBT quite quickly?

blueg33

35,785 posts

224 months

Friday 16th August 2019
quotequote all
Megaflow said:
It was typed quickly, on a phone, by an engineer who’s English is shocking.

Shoot me.
shoot

There you go.


alangla

4,760 posts

181 months

Friday 16th August 2019
quotequote all
Vaud said:
Starfighter said:
Remind her not to get back on the moped. She looses all her entitlements not just the car.
True, but she can get her provisional and do a CBT quite quickly?
Sounds like it - https://www.gov.uk/reapply-licence-revoked - that also reads like you could drive a car with L plates/supervision pretty much immediately after a revocation. If you went the provisional Cat A/CBT route, you'd be able to ride a 125 rather than a moped as well.

Megaflow

9,383 posts

225 months

Friday 16th August 2019
quotequote all
blueg33 said:
Megaflow said:
It was typed quickly, on a phone, by an engineer who’s English is shocking.

Shoot me.
shoot

There you go.
hehe

WJNB

2,637 posts

161 months

Friday 16th August 2019
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No way 'taking kids to school' is remotely considered mitigating circumstances. She chose to have kids & thus is expected to behave responsibly & as a role model. Nor would 'having to go to work' be relevant. Walking/bus/train/bike are options even if not realistic or practical.
I suspect a court would take the view that if taking kids to school & going to work are so vital then the same amount of attention should have been paid to her driving.